CONSTITUTIONAL LEGAL PROCEEDINGS AS A CONSTITUTIONAL PROCEDURAL FORM OF EXERCISING JUDICIAL POWER: LEGAL NATURE, TITULAR FEATURES
Abstract and keywords
Abstract:
The constitutional legal proceedings is the activity of the Constitutional Court carried out in a constitutional procedural form relating to the settlement of cases within its competence and being the subject of judicial proceedings and being the subject of judicial proceedings, and having as its purpose the assertion of the supremacy of the constitution and constitutional legality, the realizability of fundamental rights and freedoms. Being a part of justice (legal proceedings), constitutional legal proceedings at the same time retains a number of specific features and differs: the specific purpose, peculiarities of the category of cases that are the subject of consideration in constitutional proceedings; the type of judicial body exercising constitutional justice, which in its composition, the order of formation differs significantly from the courts of general jurisdiction; a special procedural form of the administration of justice (in a certain sense similar to civil procedure); legal forms of regulation of the procedure of proceedings in constitutional court proceedings; more «soft» procedures, in fact, the non-application of measures of procedural coercion to the participants of court proceedings; extremely short terms of consideration of cases in the Constitutional Court; collegial composition of the court, etc.; significantly less «procedural stage» in terms of volume: pre-trial proceedings in a case, proceedings for the review of a case in an appeal, cassation and supervisory procedure or due to new or newly discovered circumstances, as well as the resolution of issues arising in connection with the execution of judicial acts in civil, administrative and criminal cases are not specific for constitutional proceedings. Implicitly, the inherent activity of the Constitutional Court to study mainly legal issues (interpretation of the Constitution, determination of the disputed competence, verification of the constitutionality of international treaties, the initiative to hold a referendum or compliance with the impeachment procedure, etc.), does not give grounds for a common conclusion regarding its recognition exclusively by the court of law. The law not only allows, but in specified cases indicates the need to study the actual when resolving specific cases. In practice, such cases are not isolated: when challenging the date of promulgation of the law, clarifying the circumstances as to whether the tax law, which is retroactive, will worsen the taxpayer's position, etc.

Keywords:
legal process, legal proceedings, constitutional justice, procedural form of exercise of judicial power, constitutional procedural form, Constitutional Court — «court of law», establishment of factual circumstances in constitutional proceedings
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